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PEOPLE v. SCOTT

836 KA 21-01423.

221 A.D.3d 1566 (2023)

198 N.Y.S.3d 474

2023 NY Slip Op 05900

The People of the State of New York, Respondent, v. James G. Scott, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 17, 2023.

Attorney(s) appearing for the Case

LAW OFFICE OF VERONICA REED, SCHENECTADY ( VERONICA REED OF COUNSEL), FOR DEFENDANT-APPELLANT.

BRITTANY GROME ANTONACCI , DISTRICT ATTORNEY, AUBURN ( CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Lindley, Montour, Greenwood and Nowak, JJ.

Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered September 30, 2021. The judgment convicted defendant upon his plea of guilty of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Cayuga County Court for further proceedings in accordance with the following memorandum...

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